H. B. 2597
(By Delegate Carper)
[Introduced March 15, 1993; referred to the
Committee on Education.]
A BILL to amend and reenact section twenty-six, article eight,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to unlawful
expenditures by local fiscal body; limiting liability of
county school board members.
Be it enacted by the Legislature of West Virginia:
That section twenty-six, article eight, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-26. Unlawful expenditures by local fiscal body.
Except as provided in sections fourteen-b, twenty-five-a and
twenty-six-a of this article, a local fiscal body shall not
expend money or incur obligations:
(1) In an unauthorized manner;
(2) For an unauthorized purpose;
(3) In excess of the amount allocated to the fund in thelevy order;
(4) In excess of the funds available for current expenses.
Notwithstanding the foregoing and any other provision of law
to the contrary, a local fiscal body or its duly authorized
officials shall not be penalized for a casual deficit which does
not exceed its approved levy estimate by more than three percent,
provided such casual deficit be satisfied in the levy estimate
for the succeeding fiscal year: Provided, That members of county
boards of education may not be held liable for any of the
sanctions for the incurring of a deficit which results from a
substantial reduction in state aid in the absence of clear and
convincing evidence that the school board members permitted or
caused the deficit in a willful or negligent manner.
NOTE: The purpose of this bill is to limit liability of
county school board members for the incurring of a deficit which
results from substantial reductions in state aid, absent willful
or negligent conduct.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.